Manslaughter Defense Lawyer in Baton Rouge, LA
Practice Areas
Sometimes, a tragic accident or a heated argument could result in the death of another person. If you were responsible for the accident, you could be charged with manslaughter and face serious consequences.
A manslaughter accusation can lead to imprisonment, fines, a permanent mark on your record, and damage to your personal and professional reputation. If you have been accused of manslaughter in Louisiana, contact a manslaughter defense lawyer in Baton Rouge as soon as possible. The manslaughter lawyers at the Law Offices of Ossie Brown can help you understand your rights, build a strong defense, and ensure you have the best chance at a positive outcome.
Our Baton Rouge violent crime defense lawyers have an in-depth understanding of Louisiana laws and the potential criminal penalties you may be facing. We can evaluate your situation, help you understand your options, and develop a defense strategy against the accusations.
Call us today at (225) 343-1111 for a free consultation with a member of our criminal defense team.
What is Manslaughter?
Manslaughter is the unlawful killing of another person without prior intent to cause death. It typically involves actions taken in the heat of the moment or through reckless behavior rather than premeditation.
Examples of Manslaughter in Louisiana
There are a number of situations in which someone could be charged with manslaughter. Some examples of manslaughter include:
- Getting into a sudden physical fight that results in someone’s death
- Causing a fatal crash while driving under the influence of drugs or alcohol
- Accidentally killing someone while handling a firearm irresponsibly
- Using excessive force during an argument or physical altercation
- Failing to provide proper care to another person, leading to a preventable death
- Killing another in self-defense, but using excessive force
Difference Between Murder and Manslaughter in Louisiana
The main difference between murder and manslaughter is intent. First-degree murder and second-degree murder in Louisiana involve killing someone with the intent to cause death or great bodily injury to another. Murder also involves the killing of another during the commission of another felony crime (sometimes referred to as first-degree felony murder or second-degree felony murder).
Manslaughter, on the other hand, usually happens without planning or premeditation. It often occurs during a sudden altercation or as the result of negligent actions or provocation.
Additionally, due to the lack of intent, the punishments for manslaughter are less severe than the punishments for murder. If you are charged with first-degree murder (capital murder), you could face life in prison or even the death penalty. Manslaughter, on the other hand, has a maximum punishment of 40 years in prison.
If you have been charged with the death of another person, a Louisiana homicide defense lawyer at the Law Offices of Ossie Brown can help you understand the charges against you.
Voluntary Manslaughter vs. Involuntary Manslaughter
In general, voluntary manslaughter refers to killing someone in the heat of the moment, whereas involuntary manslaughter refers to killing someone unintentionally. While manslaughter is defined as either “voluntary” or “involuntary” in other states and under federal law, Louisiana law does not define manslaughter this way.
Instead, something that would be considered voluntary manslaughter in another state or by federal prosecutors would be simply charged as manslaughter in Louisiana. Additionally, something that would be charged as “involuntary manslaughter” somewhere else would be charged as “negligent homicide.”
Types of Manslaughter Crimes Our Louisiana Criminal Defense Attorneys Can Handle
At the Law Offices of Ossie Brown, we represent clients facing manslaughter charges, including vehicular manslaughter and negligent homicide. Our experienced criminal defense attorneys are prepared to fight for your rights and provide a strong defense throughout every stage of the case.
Manslaughter Louisiana
Under La. R.S. § 14:31, manslaughter is defined as an act of criminal homicide that would normally be considered murder, but happened in the heat of passion or as a result of immediate provocation.
Additionally, manslaughter charges are only applicable to situations in which someone does not have an opportunity to cool off before committing the crime. Under the language of the statute, if the person’s “blood was cooled,” meaning that they had a chance to calm down from the situation, then committed homicide, they would not be charged with manslaughter. They would likely be charged with a more severe crime, such as murder.
In some cases, people may be convicted of manslaughter after originally being charged with murder. If prosecutors can’t prove intent in order to convict someone of first-degree murder or second-degree murder in Louisiana, their murder charge may be lessened to manslaughter.
Vehicular Homicide (Vehicular Manslaughter) Louisiana
In Louisiana, vehicular homicide, also known as vehicular manslaughter, refers to the killing of another while driving under the influence of drugs or alcohol (La. R.S. § 14:32.1). This offense only applies when the driver is proven to have been driving under the influence of alcohol or other substances.
If convicted, 3 years of one’s sentence would be served without the benefit of suspension, probation, or parole. If the person had a blood alcohol content (BAC) of 0.15 % or more, or prior Louisiana DUI charges on their record, the first 5 years of their sentence would be served without the benefit of suspension, probation, or parole.
It’s important to note that if police can’t prove that you were driving under the influence, you may not be charged with vehicular homicide in Louisiana, and may face reduced charges. Additionally, if police violated your rights while trying to establish intoxication, their evidence may not be admissible in court. A Baton Rouge criminal defense attorney at the Law Offices of Ossie Brown can examine your case and help determine possible legal defenses to these accusations.
Negligent Homicide (Involuntary Manslaughter) Louisiana
Negligent homicide is defined under La. R.S. § 14:32, and occurs when someone causes the death of another human being through criminal negligence or by failing to confine their dog.
This means the person did not mean to kill anyone. However, their careless or reckless behavior was enough to produce death. In other states, this crime is often referred to as involuntary manslaughter.
Common examples of negligent homicide in Louisiana include situations in which someone:
- Fails to keep their dog secured, and their dog kills someone
- Fails to provide another with necessary care, resulting in death
- Leaves their child in a hot car, resulting in death
- Drives recklessly and causes a crash, resulting in death
- Fails to warn others of danger on their property, resulting in death
Manslaughter Penalties in Louisiana
The penalties for homicide-related offenses in Louisiana vary widely depending on the severity of the crime. Penalties for manslaughter in Louisiana include:
- Manslaughter: up to 40 years in prison.
- Manslaughter of a child under 10: between 10 and 40 years in prison.
- Vehicular homicide: between 5 and 30 years, and between $2,000 and $15,000 in fines.
- Negligent homicide: up to 10 years in prison, up to $5,000 in fines, or both.
- Negligent homicide of a child under 10: between 2 and 10 years in prison, up to $5,000 in fines, or both.
If you have been accused of manslaughter in Louisiana, it’s important to take this as seriously as possible. In addition to the above punishments, being convicted of manslaughter can affect your personal relationships, your professional reputation, and your rights after serving your sentence.
Why You Need a Manslaughter Defense Lawyer in Louisiana On Your Side
If you’ve been accused of manslaughter in Louisiana, the stakes couldn’t be higher. Your freedom, reputation, and future are on the line. That’s why it’s critical to have a knowledgeable criminal defense lawyer in your corner from the very beginning.
A skilled attorney can scrutinize every detail of the case, challenge questionable evidence, cross-examine key witnesses, and raise any available legal defenses. More importantly, your lawyer can negotiate with prosecutors and fight to have charges reduced or dismissed whenever possible. Without legal guidance from a manslaughter defense attorney, you could waive your rights or miss opportunities to protect yourself.
Potential Defenses to Manslaughter
While manslaughter allegations are incredibly serious, there are a number of viable defenses to manslaughter in Louisiana. Some of which include:
- You were acting in self-defense or defense of others, and you did not use unnecessary force in the situation
- You were not intoxicated at the time of the offense (for cases involving vehicles)
- You did not act knowingly or recklessly
- You were mistaken for someone else
- You have an alibi for the time of the offense
- Police violated your rights during your arrest or at another point in the legal process
A manslaughter defense attorney will be able to evaluate the circumstances of the alleged offense and develop a tailor-made defense strategy.
Accused of Manslaughter in Baton Rouge? Call the Louisiana Criminal Defense Lawyers at The Law Offices of Ossie Brown Today
If you or a family member has been accused of manslaughter or another form of criminal homicide in Louisiana, do not wait to get help. The sooner you speak with a qualified criminal defense attorney, the better your chances of building a strong case.
At the Law Offices of Ossie Brown, we’ve been serving the residents of Baton Rouge for over 40 years. We’re proud to continue to do so, so let us guide you through the criminal justice system. We can provide you with the manslaughter defense you deserve.
Call us today at (225) 343-1111 or contact us online to speak with a manslaughter defense lawyer in Baton Rouge. Schedule a confidential consultation and let us fight for you and your future.
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